SEWING PARTS ONLINE VISITOR AND CUSTOMER AGREEMENT
February 27, 2014
1. Eligibility. By using the SPO Website, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or older; and (d) your use of the SPO Website does not violate any applicable law or regulation.
2. Copyright / Intellectual Property Policy. You should assume that everything you see or read on the SPO Website is copyrighted by SPO unless otherwise noted and that you may not use any of the images, videos, photography, graphics, artwork, text, and other information and material found on the SPO Website without the permission of SPO. The SPO name (“Sewing Parts Online”), and the SPO logo are trademarks of SPO or its subsidiaries, affiliates, or licensors. All other names, brands, and marks are used for identification purposes only and are the trademarks of their respective owners. You may not use or display the SPO trademarks without the prior written permission of SPO. You may not “scrape”, “frame,” or “mirror” any parts of the SPO Website without the written permission of SPO. Any unauthorized duplication, reproduction, distribution, derivative work of the copyrighted material on the SPO Website is copyright infringement, subject to all penalties and damages under the United States Copyright Act, 17 USC §§ 101, et seq. Without limiting the foregoing, if you believe that your work has been copied and posted on the SPO Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the SPO Website; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. SPO's Copyright Agent for notice of claims of copyright infringement can be reached as follows: Sewing Parts Online, 220 Tennsco Drive, Dickson, TN 37055, or [email protected].
3. Product and Company Trademarks of Items and Material on the SPO Website: All product and company names are trademarks™ or registered® trademarks of their respective holders and owners. Use of these trademarks on the SPO Website does not imply any affiliation with or endorsement by them, unless otherwise noted by us as an “Authorized Dealer.” To be clear, we are not authorized dealers of all of the products that we sell on the SPO Website. If you have a question or concern about whether we are an “authorized dealer” for a specific brand or product, you agree to contact us at [email protected] before purchasing any product through the SPO Website. By contacting us prior to purchasing a product, we can provide you all available information in order to prevent any confusion about any possible affiliation, connection, or association, as to the origin, sponsorship, or approval of the goods and services listed on the SPO Website. As of February 26, 2014, the following products we sell on the SPO Website are registered trademarks of the following owners:
ALPHASEW® (USPTO Reg. #2163507) is a registered trademark of PD Sixty Distributor Incorporated, 5065 Avalon Ridge Parkway, Norcross, GA 30071.
BABY LOCK® (USPTO Reg. #1324059, 1152957) is a registered trademark of Juki Co., Ltd., Japan 11-11, 1-chome Kudan-kita, Chiyoda-ku, Tokyo 102-0073.
BERNETTE® (USPTO Reg. #1407394, 1301268) is a registered trademark of Bernina International Ag, Seestrasse, 8266 Steckborn, Switzerland.
BERNINA® (USPTO Reg. #3150443, 2408358, 1379565, 0558505) is a registered trademark of Frigorifico Tacuarembo, S.A. Corporation, Piedras 437, Montevideo, Uruguay.
BROTHER® (USPTO Reg. #3167784, 3243683, 3981459; USPTO Serial #85710029) is a registered trademark of Brother Industries, Ltd., 15-1 Naeshiro-cho Mizuho-ku, Nagoya-shi, Japan 467-856.
ELNA® (USPTO Reg. #0785555, 0356537, 0738573) is a registered trademark of Elna International Corp., 19 Chemin Du Champ-Des-Filles 1228 Plan-Les-Quates, Switzerland.
EURO-PRO® (USPTO Reg. #2053143) is a registered trademark of Euro-Pro Operating LLC, 180 Wells Avenue Suite 200, Newton, Massachusetts 02459.
HUSQVARNA® (USPTO Reg. #3790326) is a registered trademark of Husqvarna, Aktiebolag LLC, Drottninggatan, 2 SE-561 82, Huskvarna, Sweden.
JANOME® (USPTO Reg. #3526297, 2019523, 0614776) is a registered trademark of Janome Sewing Machine Company Limited Corp., 1463 Hazama-Machi, Hochioji City, Tokyo, Japan.
JUKI® (USPTO Reg. #0852675) is a registered trademark of Juki Kabushiki Kaisha (Juki Corporation), No. 2-1, 8 Chome, Kokuryo-Machi, Chofu-Shi, Tokyo, Japan.
KENMORE® (USPTO Reg. #944713, 3944714) is a registered trademark of KCD IP, LLC, 3333 Beverly Road, Hoffman Estates, IL, 60179.
NECCHI® (USPTO Reg. #0586320) is a registered trademark of Necchi Macchine Per Cucire S.R.L. Corporation, Viale Della Repubblica, 34 1-27100, Pavia, Italy.
NEW HOME® (USPTO Reg. #0060078) is a registered trademark of Janome America, Inc., 10 Industrial Ave, Mahwah, NJ 07430.
PFAFF® (USPTO Reg. #0648906) is a registered trademark of Ksin Luxembourg Ii, S.Ar.L. Company, Rue Des Glacis, Luxembourg, Luxembourg L-1628.
RICCAR® (USPTO Reg. #0742305) is a registered trademark of Tacony Corporation, 1760 Gilsinn Lane Fenton, Missouri, 630260.
SIMPLICITY® (USPTO Reg. #3865506, 2280074, 1482464, 1426278) is a registered trademark of Simplicity Pattern Co. Inc., 261 Madison Avenue New York, NY 10016.
SINGER® (USPTO Reg. #3632491, 3392601, 0577125, 0786974, 0064950, 0049602, 0049601, 0049600, 0049599) is a registered trademark of KSIN Luxembourg III, S.ar.l. 1, rue des Glacis, L-1628 Luxembourg.
VIKING® (USPTO Reg. #2737000, 2580578,1013813) is a registered trademark of KSIN Luxembourg III, S.ar.l. 1, rue des Glacis, L-1628 Luxembourg.
WHITE® (USPTO Reg. #1054230) Electrolux Home Products, Inc., Suite 250, 20445 Emerald Parkway SW, Cleveland, OH, 441350.
5. Disclaimers. SPO is not responsible for any incorrect or inaccurate content posted on the SPO Website or in connection with the SPO Services and/or SPO Product. There is no guarantee the photos used to visualize a product on the SPO website will be an exact representation of the product you will receive. Some pages may contain links to other websites; SPO is not responsible for the content, accuracy, or opinions expressed on such websites. Inclusion of any linked website does not imply approval or endorsement of the linked website by SPO. When you access these third-party sites, you do so at your own risk. You understand that SPO cannot and does not guarantee or warrant that files available for downloading and/or viewing on the SPO Services will be free of viruses, works, Trojan horses, or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy particular requirements for accuracy of data input and output, and for maintaining a means external to this site for any reconstruction of any lost data. You will be responsible for the security of your password.
6. Manuals and Descriptions of Products: Any manual and/or product information material available on the SPO Website is provided as a convenience to you only. You are not authorized to download the manuals except for personal use in connection with equipment or parts you own or operate. You are responsible for entering the correct equipment model number to retrieve the correct manual. We are not responsible for any damages resulting from the use of or reliance on an incorrect manual obtained from the SPO Website, or resulting from your negligent acts or omissions when using such manual. Reasonable care has been taken to ensure that all information on the SPO Website is true and correct; however, the SPO Website may unintentionally contain inaccurate information, whether due to the age of information, error, or omission. Contact SPO at [email protected] if you become aware of inaccurate information or material.
7. Posts & Comments. By posting information, comments, and/or content on the SPO Website, you understand and agree that the material you post will become part of SPO Website record and will not be removed simply by your request. By posting information, comments, and/or content to any area of the SPO Website, such as customer reviews or product reviews, you automatically assign the copyright in the content to SPO. This Agreement constitutes a written agreement for purposes of the Copyright Act, and you hereby affirmatively acknowledge the transfer of the copyright to SPO. In addition, you agree that SPO maintains irrevocable rights to control your published post(s), including the irrevocable right to exploit your posted name, screen name, and location, in any SPO advertising campaign, promotional activity, and/or in commerce without your consent.
8. Limitation on Liability. In no event shall we, our affiliates, employees, successors or assigns, our suppliers, or other third parties mentioned at this site or any of their respective owners, officers, employees, agents, or other representatives be liable for any damages (including, without limitation, incidental, consequential, or punitive damages and those resulting from lost profits, lost data or business interruption) arising out of the purchase of any SPO Product or Service, the shipment of any SPO Product, the use, inability to use, or the results of use of the SPO Website or SPO Service, any web sites linked to the SPO Website, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages. If your use of the SPO Product, SPO Services, materials, or information from this site results in the need to service, repair, or correct equipment, you assume all costs of such activities. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR ANY SERVICE OR PRODUCT.
9. Disputes. If there is any dispute about or involving an SPO Product or SPO Service (whether in tort or contract), you expressly agree that the dispute shall be governed by the laws of the State of Tennessee, USA, without regard to conflict of law provisions, and you agree to EXCLUSIVE personal jurisdiction and venue in the state and federal courts of the United States located in the State of Tennessee, City of Dickson. If an action is brought to enforce the terms of this Agreement, then the prevailing party in that action shall be entitled to recover its costs and attorneys' fees in that action.
10. Indemnity. You agree to indemnify and hold SPO, its subsidiaries, and affiliates, and their respective owners, officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the SPO Services or SPO Product, that is in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations set forth above that causes SPO to be liable to another or be accused of being liable to another.
11. Other. This Agreement is accepted upon one or more of the following acts: (1) your use of the SPO Website, including the browsing of the SPO Website; (2) your use or purchase of any of the SPO Services; (3) your purchase of SPO Product from the SPO Website; (4) downloading any information or material from the SPO Website; (5) contacting SPO by US Mail, phone, fax, or email; and (6) your entering into a financial transaction on the SPO Website. If you utilize the SPO Services or purchase SPO Product(s), we may use your name or company name (or logo) on the SPO Website as a listed “past customer,” unless you instruct us otherwise. This Agreement constitutes the entire agreement between you and SPO. The failure of SPO to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.Please contact us at: [email protected] with any questions regarding this Agreement.
Sewing Parts Online Account Credit Agreement
1.1. Account Credit is a form of virtual currency issued by SewingPartsOnline.com. It can only be used towards the purchase of merchandise or services offered for sale at SewingPartsOnline.com. Account Credits are only for use on products available for purchase on the Web Site and may not be used for the purchase of gift cards or services. Account Credit has no monetary value and is not redeemable for cash except unless otherwise provided by law. Account Credits are non-transferable and can only be used on orders associated with your original SewingPartsOnline.com account.
1.2. Account Credits can be redeemed via selecting 'Account Credit' as the payment method during checkout. Purchase amounts that exceed the value of the Account Credit will require an additional method of payment for the balance due.
1.3. Account Credits may not be used in conjunction with coupon codes or discounts.
1.4. Please treat Account Credit like cash. We are not responsible for stolen Account Credits. SewingPartsOnline.com is under no obligation to restore lost or stolen Account Credits. The Account Credit account balance and transaction history will be available in the Account Information page; it is accessible after logging into your account at the following link: Account Credit.
2. Compliance with Law
2.1. By electing to receive Account Credit, you are certifying and representing to SewingPartsOnline.com that the activities in connection with which the Account Credit will be used will comply with these Terms and Conditions and all applicable laws, rules and regulations, including the Terms and Conditions that govern the website. In addition, you agree to defend and indemnify us and our subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of Account Credit or violation of any of these Terms and Conditions.
3. Acceptance of these Terms and Conditions
3.1. These terms and conditions are applicable to you upon accessing the Site and/or completing the registration or shopping process. These terms and conditions, or any of them, may be modified or terminated by SewingPartsOnline.com without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
3.2. Upon future contingency where SewingPartsOnline.com ceases to continue business operations, SewingPartsOnline.com reserves the right to void all active Account Credits. SewingPartsOnline.com will not be held accountable for compensation of any Account Credits upon such a contingency.
3.3. In the occurrence of disputes, the customer will automatically forfeit their Account Credits. If the customer files a dispute and has already used the Account Credits given from the disputed order, SewingPartsOnline.com will bill the disputer for the Account Credit used from the disputed purchased.
3.4. Upon a breach of contract, SewingPartsOnline.com will delete and remove all Account Credits and the offender’s IP Banned will be banned. The offender will also be billed for any abused Account Credit amount.
3.5 In the event a Chargeback is issued, you are immediately liable for the full amount of the transaction related to the Chargeback. You are also liable for any associated fees, fines, expenses, or penalties. You agree that any associated fees, fines, penalties or expenses can be deducted from your Sewing Parts Online Account Credit Balance.
3.6 SewingPartsOnline.com reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the ‘Account Credit Service’. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement without notice. Your use of the Account Credit Service will be deemed acceptance thereof.
3.7. Your use of Account Credit constitutes acceptance of these Terms and Conditions.